Town Board Minutes
1250 Union Road Minutes #2017-01
West Seneca, NY 14224 January 9, 2017
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. followed by the changing of the colors from Harvey D Morin Post 2940 to American Legion Post 735 and the Pledge of Allegiance led by Supervisor Meegan.
ROLL CALL: Present - Sheila M. Meegan Supervisor
William P. Hanley, Jr. Councilman
Absent - None
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Alan VanEvery, Carol Ann Giza and Robert Pawlowski.
§ Motion by Supervisor Meegan, seconded by Councilman Hart, to approve Minutes #2016-24 of December 19, 2016.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the 2017 Reorganization Meeting of January 5, 2017.
Ayes: All Noes: None Motion Carried
1-B COMMUNICATIONS
1. Supervisor Meegan re Creation of Recreation Supervisor title |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to create the position of Recreation Supervisor and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
2. Supervisor Meegan re Appointment of Lauren Masset to the position of Recreation Supervisor |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Lauren Masset to the full-time provisional position of Recreation Supervisor effective January 3, 2017 at an annual salary of $44,494.97, Group 8, Step 1 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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1-B COMMUNICATIONS
3. Highway Supt. re Title change for Jonathan Slominski to Sanitation MEO |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Jonathan Slominski as Sanitation Laborer and appoint him Sanitation Motor Equipment Operator at a rate of $19.64 per hour effective January 9, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
4. Highway Supt. re Title change for Adam Karyczak from part-time to full-time Sanitation Laborer |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Adam Karyczak as part-time Sanitation Laborer and appoint him full-time Sanitation Laborer at a rate of $18.65 per hour effective January 9, 2017 contingent upon the passing of drug and alcohol testing and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
5. Chief Denz re Purchase of Police Drone-Unmanned Aviation Vehicle |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the purchase of one (1) RMUS Thermal Unmanned Aviation Vehicle from RMUS Rocky Mountain Unmanned Systems, PO Box 521050, Salt Lake City, Utah 8415, for a total cost of $9,999.94, noting the State of New York has previously approved this purchase through a DCJS grant and will reimburse the town upon delivery of the aviation system. Ayes: All Noes: None Motion Carried |
6. Chief Denz re Status change for Public Safety Dispatcher to part-time seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Public Safety Dispatcher Norman Brem to part-time seasonal effective January 1 - 31, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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1-B COMMUNICATIONS
7. Chief Denz re Rate increase for part-time employees |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to set the hourly pay rates for the following part-time positions effective January 1, 2017: Crossing Guard - $10 Police Matron - $15 Court Security Officer - $20 Court Security Officer (Scheduling) - $21 P/T Public Safety Dispatchers - $15 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
8. Senior Code Enforcement Officer re Appointment of Jacob Kobler as temporary part-time clerk |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Jacob Kobler as temporary part-time clerk at a rate of $14 per hour effective December 28, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
9. Recreation Supervisor re Odenbach soccer tournament |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to execute the necessary documents to enter into an agreement with Robert Campagna and the New York State Soccer Association to host their annual Odenbach Tournament. |
On the question, Recreation Supervisor Lauren Masset stated the licensee will be meeting with Chief Denz and Highway Sup’t. Matthew English to discuss the event which will take place Saturday, June 10th, 7 A.M. – 8 P.M. and Sunday, June 11th, 7 A.M. – 2 P.M.
Ayes: All Noes: None Motion Carried
10. Senior Recreation Therapist of Sr. Services re Rate increases for part-time employees |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to set the hourly pay rate for the part-time staff of the West Seneca Senior Center to $12 per hour effective January 2, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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1-B COMMUNICATIONS
11. Senior Recreation Therapist of Sr. Services re Resignation of David Rizk |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of West Seneca Senior Center employee David Rizk and terminate him effective January 9, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
12. Grant Writer re Resolution for NYS DEC Grant |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the following resolution authorizing filing of an application for a state assistance grant for collection and recycling of electronic waste: |
WHEREAS, the State of New York is providing temporary infusion of financial aid for municipalities with recent unexpected costs of collection and recycling electronic waste (e-waste); and
WHEREAS The Town of West Seneca, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application for up to 50% reimbursement of eligible costs under these laws;
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York, including all understanding and assurances contained in said application, is hereby authorized.
2. That Supervisor Sheila M. Meegan is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract, if said application is approved by the STATE.
3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said E-Waste Collection and Recycling Project.
4. That this resolution shall take effect immediately.
Ayes: All Noes: None Motion Carried
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1-B COMMUNICATIONS
13. Town Board re Proposal from Building Science Services, LLC |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the proposal from Building Science Service, LLC for forensic architecture services and engineering practices to examine the Burchfield Nature and Arts Center structure and authorize the Supervisor to complete and sign any necessary paperwork and the Town Attorney to examine any and all legal remedies to recover costs. |
On the question, Councilman Hart stated significant structural problems were found with the Burchfield building. The building was subsequently closed and the staff moved.
Town Engineer Steven Tanner commented on the poor construction of the Burchfield Center and stated an estimated cost to repair or rebuild the building will be determined. He estimated a report from the forensic audit by the next meeting.
Councilman Hanley stated Buildings and Grounds found some extensive damage and roof supports have been brought in. The town will know more regarding the costs after the forensic architect and Town Engineer meet.
Ayes: All Noes: None Motion Carried
14. Town Engineer re Deduct Change order for Hilltop Court |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the Supervisor to sign all necessary paperwork for a deduct change order in the amount of $78,110.62 for the Hilltop Court project. Ayes: All Noes: None Motion Carried |
15. Town Attorney re Buffalo Airfield endorsement resolution |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution providing endorsement of projects at Buffalo Airfield. Ayes: All Noes: None Motion Carried *APPENDICES* |
8. Senior Code Enforcement Officer re Pay increase for Doug Busse |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the rate of pay for Doug Busse to Group 9, Step 1, effective January 9, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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West Seneca, NY 14224 January 9, 2017
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1-C REPORTS
§ Jacqueline A Felser, Town Clerk’s report for December 2016 received and filed.
1-D APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $84,326.68; Highway Fund - $127,292.82; Special Districts - $6,987.03; Capital Fund - $55,024.55 (vouchers 96620 - 97772) Trust - $273,882.40 (vouchers 97571 - 97707)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
PART-TIME RECORDS INVENTORY CLERK POSITION
Susan Kims questioned the records inventory clerk position posted on the town’s website at $20 per hour.
Supervisor Meegan responded the town received a grant to archive records in the Finance Department. This is a temporary position and the work needs to be completed by June 2017.
PROPOSED PROJECT AT RESERVE ROAD & WESTGATE BLVD.
Joe Celeste referred to a proposal in the Town of Orchard Park for 46 apartments on Reserve Road and Westgate Blvd. at the West Seneca border. Mr. Celeste questioned if the Town Board works with Orchard Park and expressed concern that the project will be detrimental to the area. He further questioned if it will connect to West Seneca’s sewers.
Supervisor Meegan stated the Town Board works with all municipalities, but they do not dictate to them. She understood the rents will be $1500-$1600 per month and suggested that Mr. Celeste attend the public meetings in Orchard Park and tell the developer what he would like to see in the project.
Town Engineer Steven Tanner stated there have been some backups in that area due to roots and during thawing conditions where ground water is present in the system, but there is sufficient capacity in the sewer mains. There was also a recent issue on Chippewa Court with a collapsed sewer and the Town Board has requested a video of the sewer along with costs for fixing some of the sewers in Sewer District #14.
Another resident stated concerns that there is no egress in Orchard Park and commented the impact of the project will be on Reserve Road and other West Seneca roads.
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ISSUES OF THE PUBLIC
PROPOSED PROJECT AT RESERVE ROAD & WESTGATE BLVD. (continued)
Highway Sup’t. Matthew English responded that Reserve Road is a county road. Erie County pays West Seneca to plow it, but the county performs the maintenance on Reserve Road.
Senior Code Enforcement John Gullo noted there is also a proposal for single family homes for property on the opposite corner of Reserve Road and Westgate Blvd. that will be addressed at an upcoming West Seneca Planning Board meeting.
Beverly Leising questioned if the developer will be reimbursing the town for sewer mitigation fees.
Town Engineer Steve Tanner responded the town already received a check from the developer.
CROSSING GUARDS
Joe Guadagno expressed concerns about elimination of the crossing guards at West Elementary and the buses exiting the facility.
Supervisor Meegan responded the crossing guards are not traffic control; they only guide the children and they have not been eliminated.
Town Attorney John Fenz advised that only a police officer can issue an order under the NYS Vehicle and Traffic Law.
Mr. Guadagno asked that NYS be petitioned to install a traffic light for the school buses and
Supervisor Meegan stated she will forward the request to West Seneca School Supt. Dr. Crawford.
MAINTENANCE OF STATE ROADS
Karen Lucachik asked that the phone number for NYS be posted on the town’s website so the public can report situations directly (i.e. debris on the corner of Ridge Road and the walkway over the bridge). Councilman Hart suggested Mrs. Lucachik contact Senator Gallivan’s office.
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West Seneca, NY 14224 January 9, 2017
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ISSUES OF THE PUBLIC
COMMUNITY CENTER & LIBRARY PROJECT
Karen Lucachik questioned when the change was made to the library making it two-story. She further commented on the appearance of the proposed building and lack of parking.
Supervisor Meegan responded this was discussed several times at a work session and it was decided the Recreation Department needed a half court.
Councilman Hart stated the area where the Kiwanis building was located will be parking area and the town received a grant for this purpose.
Mrs. Lucachik commented that lights were installed at the baseball diamonds located at Veterans Park and the baseball diamonds at the park on East & West Road also have lights.
Highway Sup’t. Matthew English explained they are different size diamonds and are not used for the same groups of people.
Sharon Riddle stated she did not care for the appearance of the proposed library and some of the amenities contained within it. She further questioned the proposal for a coffee shop in it.
Councilman Hart responded the coffee shop will generate revenue by paying rent and businesses will be able to bid on renting the space.
Ms. Riddle referred to the permissive referendum for the library and asked for a definition.
Mr. Fenz responded that under local finance law, when passing finance to a certain level it is subject to permissive referendum. The public had an opportunity to petition for a referendum.
Ms. Riddle questioned the interest rate on the municipal bonds for the library and who the town buys the bonds from.
Councilman Hanley responded they will not know the interest rate until they go to the bond market in July and Supervisor Meegan stated the bonds are purchased from a financial institution within the market place.
BUDGET QUESTIONS
Sharon Riddle referred to the Open Meetings Law and did not believe the Town Board was an open government. She further referred to the 2017 budget hearing and stated the public was not given the opportunity to comment prior to the Town Board voting on the budget.
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ISSUES OF THE PUBLIC
BUDGET QUESTIONS (continued)
Town Attorney John Fenz stated the Town Board complies with the Open Meetings Law, the board members were elected to represent the public and this is a representative democracy. He further stated there was a public hearing on the budget held on October 24th and again on November 7th. The public hearing was then closed and the budget was voted on at the November 14th meeting.
Ms. Riddle questioned if the Budget Director can put whatever they want in the budget. She further questioned the stipend for Registrar of Vital Statistics and Dog Control Officer.
Councilman Hanley responded that department heads make their requests to the Supervisor. The Supervisor makes recommendations which are then forwarded to the Town Board for their recommendations.
Town Clerk Jacqueline Felser commented on the number of marriage licenses and death certificates issued annually, noting that death certificates must be filed within 72 hours of the death so she is often called in on weekends and holidays.
Highway Sup’t. Matthew English responded that he oversees the Dog Control Department.
STATUS OF DEER POPULATION SITUATION
Beverly Leising requested an update on the deer population situation. Chief Denz stated this is a contentious issue and there are many people who do not want to see the deer killed. He has been looking into the situation and discussing it with the DEC. Car/deer accidents are down so it is not a public safety issue and he does not believe the police officers should shoot deer because they are eating residents’ shrubs. Chief Denz suggested this issue be addressed by the environmental commission.
NYSEG POLES
Beverly Leising questioned if the lighting pole numbers could be lowered so they are easier to read. Town Engineer Steven Tanner stated according to NYSEG, the numbers have to be at a certain height. They will eventually be in the GIS system and light outages will be able to be identified by house number.
MINIMUM WAGE INCREASE
Beverly Leising questioned if there are contingency funds in the budget and if the minimum wage increase was budgeted for. Supervisor Meegan responded there are contingency funds available and the minimum wage increase was budgeted for.
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West Seneca, NY 14224 January 9, 2017
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ISSUES OF THE PUBLIC
BURCHFIELD CENTER
Joe Celeste questioned if the contractor that originally built the Burchfield Center is still in business. Supervisor Meegan responded the builder is not in business. The building is 12 years old and the statute of limitations has passed, but the town’s insurance carriers have been placed on notice.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RECREATION PROGRAM UPDATES
Recreation Supervisor Lauren Masset commented on the following recreation program updates:
· Martin Luther King Day Skate will be held Monday, January 16th from 12:00 P.M. - 1:50 P.M. and regular admission fees will apply
· Now hiring a part-time clerk typist and looking for volunteers for the West Seneca Youth Board; please visit www.westseneca.net for more information
· Summer Day Camp schedule and registrations should appear for approval on the next Town Board agenda
Ms. Masset further thanked Supervisor Meegan, Councilman Hart and Councilman Hanley for allowing her the opportunity to continue to serve the town in a greater capacity, noting it is a true honor and privilege to work alongside such amazing individuals who all share the same passion of making West Seneca not only a town, but a true community and home.
Board members and department heads congratulated Lauren and commented on her accomplishments and the high attendance and quality of the programs in her department.
Recreation employee Emily Baker complimented Lauren Masset on her many accomplishments and congratulated her on her appointment as Recreation Supervisor, noting she stresses the importance of leadership, communication and teamwork and is an inspiration to others.
POLICE DEPARTMENT UPDATES
Chief Denz stated his department answered 21,907 calls in 2016. The Police Department also raised $2500 in November for the West Seneca Food Pantry and Roswell Park and $2000 in December for Children’s Hospital and Wings of Flight.
CODE ENFORCEMENT UPDATES
Senior Code Enforcement Officer John Gullo stated the licensed plumber and sewer contractor exam will be held in February and a notice will be in the West Seneca Bee. He further reminded residents to keep sidewalks and fire hydrants clear and asked that residents assist elderly neighbors.
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West Seneca, NY 14224 January 9, 2017
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PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
TOWN CLERK UPDATES
Town Clerk Jacqueline Felser reported that town and county tax bills have been received and will go out to residents this week.
GRANT UPDATES
Supervisor Meegan stated the town has received nearly $800,000 in new competitive grants and has already received over $600,000 in grants. Going forward, Senator Gallivan has another $300,000 in grants for a pavilion with a comfort station for Veterans Memorial Park.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:25 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK